OAR 438-015-0033
Attorney Fee Award Under ORS 656.262(14)(a)

(1)

In accordance with ORS 656.262 (Processing of claims and payment of compensation)(14)(a), a reasonable hourly rate for an attorney’s actual time spent during a personal or telephonic interview or deposition conducted under that statute is 350. The maximum attorney fee awarded under this section is subject to an annual adjustment on July 1 as calculated by the Workers’ Compensation Division (on behalf of the Director) by the same percentage increase as made to the average weekly wage defined in ORS 656.211 (“Average weekly wage” defined), if any. Before July 1 of each year, the Board by bulletin, will publish the maximum fee, after adjusting the fee by the same percentage increase, if any, to the average weekly wage. Dollar amounts will be rounded to the nearest whole number.

(2)

If the claimant is represented by an attorney, the insurer or self-insured employer shall pay a reasonable attorney fee award, which is based upon the hourly rate prescribed in section (1) multiplied by the actual time spent by the attorney during the personal or telephonic interview or deposition conducted under ORS 656.262 (Processing of claims and payment of compensation)(14)(a).

(3)

To obtain the attorney fee described in section (2), the claimant’s attorney shall submit a bill to the insurer or self-insured employer within 30 days of completion of the personal or telephonic interview or deposition. The bill, which may be submitted on a form prescribed by the Board, shall contain, but is not limited to, the following information:

(a)

An itemization of the actual time spent by the claimant’s attorney during the personal or telephonic interview or deposition;

(b)

The claimant’s attorney’s signature confirming that the claimed time was actually spent during the personal or telephonic interview or deposition conducted under ORS 656.262 (Processing of claims and payment of compensation)(14)(a); and

(c)

A copy of the executed retainer agreement, unless previously provided.

(4)

If the parties disagree regarding the attorney’s bill under section (3), a party may request a hearing seeking resolution of that dispute. The resolution of disputes under this section shall be made by a final, appealable order.

(5)

Unless it files a request for hearing, the insurer or self-insured employer must pay the attorney fee described in section (3) as an award under this rule within 30 days of its receipt of the bill.

Source: Rule 438-015-0033 — Attorney Fee Award Under ORS 656.262(14)(a), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-015-0033.

438–015–0003
Authority for Adoption 438–015–0005
Definitions 438–015–0010
General Principles 438–015–0011
Attorney Retainer Agreement 438–015–0015
Charge for Legal Services Must Be Authorized 438–015–0019
Cost Bill Procedures 438–015–0022
Attorney Fee Lien Procedures 438–015–0025
Maximum Attorney Fees Out of Compensation 438–015–0029
Request at Board Review Level for Assessed Fees 438–015–0030
Attorney Fees When There is No Hearing 438–015–0033
Attorney Fee Award Under ORS 656.262(14)(a) 438–015–0035
Attorney Fees When a Claimant Requests a Hearing on a Denied Claim 438–015–0038
Attorney Fees When a Claimant Requests a Hearing on a Responsibility Denial 438–015–0040
Attorney Fees When a Claimant Requests a Hearing on Extent of Permanent Disability 438–015–0045
Attorney Fees When a Claimant Requests a Hearing on Extent of Temporary Disability 438–015–0048
Attorney Fees When a Claimant Requests a Hearing on a Claim Reclassification 438–015–0050
Attorney Fees in Connection with Disputed Claim Settlements 438–015–0052
Attorney Fees in Connection with Claim Disposition Agreements 438–015–0055
Attorney Fees When a Claimant Requests Review by the Board 438–015–0065
Attorney Fees When Insurer or Self-Insured Employer Requests a Hearing 438–015–0070
Attorney Fees When Insurer or Self-Insured Employer Requests or Cross-Requests Review by the Board 438–015–0080
Attorney Fees in Own Motion Cases 438–015–0082
Timely Payment of Attorney Fees 438–015–0085
Payment of Attorney Fees Out of Compensation 438–015–0090
Attorney Fees in Proceeding Under ORS 656.307 438–015–0095
Attorney Fees in Third-Party Cases 438–015–0110
Attorney Fees in Cases Involving ORS 656.262(11)(a) 438–015–0115
Fees for Attorneys Representing Insurers and Self-Insured Employers 438–015–0125
Bifurcation of Attorney Fee Award (Board Review )
Last Updated

Jun. 24, 2021

Rule 438-015-0033’s source at or​.us